Introduction to Tennessee Land History

Today we think of Tennessee as a "metes and bounds" state, yet both the
western part of the state and much of middle Tennessee were
surveyed into sections and ranges, like the federal
Public Lands. So Tennessee was both a Public Land state and a metes and
bounds state, right? Well, sort of!

To answer this question we have to explore how Tennessee was
settled. Tennessee is very interesting in terms of how it
grew, and how its land was surveyed and granted. A full treatment is
beyond the scope of this introductory article, but you can get an idea
of some of the forces at work.

An Outline of Tennessee Land History

What is now Tennessee was originally part of North Carolina. Many
early grants in present day Tennessee were made by North Carolina.

After North Carolina became a state, it ceded its western lands to
the U.S. Government which organized them and the ceded lands of other
states into the "Southwest Territory".
(A Northwest Territory was also created. It was surveyed using
the Public Land section/township/range system.)

Tennessee became a state in 1796. Its borders ran to the Mississippi
River, but much of the state, particularly in the west, was Indian Land
and therefore
not subject to the state government. (The federal government considered
the Indian
lands to be those of a foreign power, and expected the states to treat
them accordingly. Through the Constitution, Congress reserves the right
to make treaties with other nations.)

Tennessee honored North Carolina grants made prior to Tennessee's
statehood.

Land was acquired over time from the Indians through a series of
treaties. Settlement of the newly available lands was done by obtaining
state grants in various Surveyor Districts that were set up by the state
legislature.
The districts were surveyed in a 6-mile section grid, like that of the
Northwest
Territories. The grids were divided into lots. This scheme reduces
or eliminates conflicting claims, a common problem with metes and bounds
surveys.

In 1806 the U.S. Congress created the Congressional Reservation in
the area west of the Tennessee River, and also including all or parts of
Perry, Lewis, Maury, Giles, Lawrence, Wayne, and Hardin Cos.

A major treaty with the Indians was made in 1818, opening
the Reservation lands for settlement.

In 1819 the Tennessee Legislature created Surveyor Districts 7
through 13 inside
the Congressional Reservation, and began surveying them in 1820. A series
of 5 mile square grids were surveyed.

In 1836 the last Indian claim was extinguished and the 17th
Surveyor District was created.

Metes and Bounds, or Public Lands. Which is it?

Historically, Tennessee was a "metes and bounds" state. (See our
Land Record Reference for more information
on this and the Public Lands surveying systems.) After all, North Carolina was a metes and
bounds state. So the new section/range system had to compete with
previously surveyed tracts, a lot of history, apathy, and poorly trained
deputy surveyors. That's some pretty strong competition.
There was such a strong precedent for using metes and bounds that
even though most of the Surveyor Districts were in fact surveyed
in a grid, and land was granted according to named lots, the section/range
system quickly fell into disuse.
Deeds of sale continued to be written in metes and bounds language, and
indeed, it is somewhat difficult today to determine where the old section
lines were located.

So in summary, the "Public Lands" of Tennessee were a state affair having
nothing to do with the Federal Government's Public Land sales in the
Northwest Territories. And whereas Public Lands continue as the
basic surveying scheme in some thirty states today, Tennessee has reverted
to the metes and bounds system.

Copies of Surveyor District records

The Tennessee State Library and Archives has a large body of records
on the Surveyor Districts. Refer to Microfilm Record Group 50 (RG 50).
Copies can be purchased, but inquire first for an index to their holdings.

Further Reading

The State of Tennessee has a
very nice, well written document describing the history
of the settlement of the state. The chapters "Struggle for the Frontier"
through "Coming of Age" are the most relevant to this discussion, and contain
links to maps of the state during various stages of settlement.

The classic text on the laws creating the settlement districts is
The Land Laws of Tennessee, by Henry D. Whitney, compiler and editor,
Cincinatti, 1893. This book is available on microfilm from the TN State
Library and Archives.

Here's an excellent article dealing with the ins and outs of Tennessee inheritance
laws, particularly those relating to real property.